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(영문) 서울남부지방법원 2017.10.18 2017고단3100
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 15, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) on the front side of the exit of the lelim 9, which is located in the Daelim-dong, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu; (b) on the front side of the exit of the lelim, after smoking a cigarette, and (c) on the street.

As a result, the defendant laid away cigarette butts at any place without permission.

2. The Defendant interfered with the performance of official duties, on the ground that he recklessly laid away cigarette butts at the time, at the place specified in paragraph 1, and at the above time, he was subject to a demand to present an identification card by controlling it to D ( South, 35 years old) by the superintendent of the police station in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, Police Station C, and at the same time and at the place specified in paragraph 1, the part of the above item D was cut at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) of the relevant Act on the facts constituting an offense, and Article 3 (1) 11 of the Punishment of Minor Offenses Act (the point of dumping cigarette butts without permission);

1. Each selective fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of a crime against the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no past record of criminal punishment in the Republic of Korea, the degree of violence against the police officer, living environment, etc.

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